Summary
Summary BASIC CONDITIONS OF EMPLOYMENT ACT, 1997
- Institution
- University Of Johannesburg (UJ)
The following is a summary of the provisions of the most important sections of the Basic Conditions of Employment Act, 1997, as amended.
[Show more]
Seller
Follow
Content preview
BCEA 1A(Regulation 2)
BASIC CONDITIONS OF EMPLOYMENT ACT, 1997
SUMMARY TO BE KEPT BY AN EMPLOYER IN TERMS OF SECTION 30
The following is a summary of the provisions of the most important sections of the Basic
Conditions of Employment Act, 1997, as amended.
1. APPLICATION OF THE ACT : SECTION 3
The Act applies to all employees and employers except members of the National Defence
Force, National Intelligence Agency, South African Secret Service and unpaid volunteers
working for an organisation with a charitable purpose.
The basic conditions of employment contained in the Act form part of the contract of
employment of employees covered by the Act. Some, but not all, basic conditions of
employment may be varied by individual or collective agreements in accordance with the
provisions of the Act. (see paragraph 7 below).
2. REGULATION OF WORKING TIME : CHAPTER TWO
2.1 Application
This chapter does not apply to senior managerial employees, employees engaged as sales staff
who travel and employees who work less than 24 hours a month.
2.2 Ordinary hours of work : Section 9
No employer shall require or permit an employee to work more than
(a) 45 hours in any week;
(b) nine hours in any day if an employee works for five days or less in a week; or
(c) eight hours in any day if an employee works on more than five days in a week.
2.3 Overtime : Section 10
2.3.1 An employer may not require or permit an employee
(a) to work overtime except by an agreement;
(b) to work more than ten hours’ overtime a week.
2.3.2 An agreement may not require or permit an employee to work more than 12 hours on
any day.
2.3.3 A collective agreement may increase overtime to fifteen hours per week for up to two
months in any period of 12 months.
2.3.4 Overtime must be paid at 1.5 times the employee’s normal wage or an employee may
agree to receive paid time off.
2.4 Compressed working week : Section 11
, 2
2.4.1 An employee may agree in writing to work up to 12 hours in a day without receiving
overtime pay.
2.4.2 This agreement may not require or permit an employee to work
(a) more than 45 ordinary hours in any week;
(b) more than ten hours’ overtime in any week; or
(c) more than five days in any week.
2.5 Averaging of hours of work : Section 12
2.5.1 A collective agreement may permit the hours of work to be averaged over a period of up
to four months.
2.5.2 An employee who is bound by such a collective agreement may not work more than
(a) an average of 45 ordinary hours in a week over the agreed period;
(b) an average of five hours’ overtime in a week over the agreed period.
2.6 Meal intervals : Section 14
2.6.1 An employee must have a meal interval of 60 minutes after five hours work.
2.6.2 A written agreement may
(a) reduce the meal interval to 30 minutes;
(b) dispense with the meal interval for employees who work fewer than six hours on a
day.
2.7 Daily and weekly rest period : Section 15
An employee must have a daily rest period of 12 consecutive hours and a weekly rest period of
36 consecutive hours, which, unless otherwise agreed, must include Sunday.
2.8 Pay for work on Sundays : Section 16
2.8.1 An employee who occasionally works on a Sunday must receive double pay.
2.8.2 An employee who ordinarily works on a Sunday must be paid at 1.5 times the normal
wage.
2.8.3 Paid time off in return for working on a Sunday may be agreed upon.
2.9 Night work : Section 17
2.9.1 Employees who work at night between 18h00 and 06h00 must be compensated by
payment of an allowance or by a reduction of working hours and transport must be
available.
2.9.2 Employees who work regularly after 23:00 and before 06:00 the next day must be
informed
(a) of any health and safety hazards; and
(b) the right to undergo a medical examination.
2.10 Public holidays : Section 18
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller tshekobe. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R133,33. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52355 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now